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根据《公证程序规则(试行)》第8条的规定,委托人办理委托书公证必须亲自到公证处办理。这是因为委托行为是与人身有密切关系的一种法律行为,因此,在一般情况下委托书公证是不能委托他人代办的。但在特殊情况下,譬如当事人正在外地出差办事或正旅居国外,而需要委托办理的事情又很急,让他们在外地或国外办理委托书公证有一定困难,或受时空限制等原因,既或很快办妥了,也失去了实际意义。在这种情况下,有些委托人总是凭借着委托人从外地或国外邮来的信件或发来的电传材料,代委托人申办委托书公证,这确实给公证处出了一个法律上的难题。近几年来,有的公证处尝试办理了接受委托书声明书公证,收到了良好的法律效果。笔者认为这一新的尝试,对人们正确有效地实施委托行为,妥善处理委托人与受托人之间的法律关系,进一步拓宽这一方面的公证法律服务,有着重大现实意义。对此笔者作如下剖析:
According to the “Notarial Rules (Trial)” the provisions of Article 8, the client entrusted letter of proxy must go to the notary office. This is because the commissioned act is a kind of legal act closely related to the person. Therefore, under normal circumstances, it is not allowed to entrust others to act on behalf of the proxy. However, under special circumstances, for example, parties are traveling overseas or are living abroad, and things that need to be commissioned are very urgent, so that they may have some difficulty in notarizing the power of attorney in the field or abroad or because of time and space constraints, Quickly completed, but also lost the practical significance. Under such circumstances, some principals always rely on the letters or faxes sent by the principal from overseas or overseas to apply for notarization on behalf of the client, which indeed gives the notary office a legal problem. In recent years, some notary offices have tried notarization of power of attorney and received good legal effects. I believe this new attempt has great practical significance for people to correctly and effectively implement the commissioned act, properly handle the legal relationship between the principal and the trustee, and further broaden the notary legal service in this respect. In this regard I make the following analysis: